Muzzle Law of Poland: An attack on the Independence of Judiciary
Publisher
Global Views 360
Publication Date
August 16, 2020
URL
Andrzej Duda, the President of Poland | Source: Wojciech Grabowski via Wikimedia
On February 4, 2020 the president of Poland, Andrzej Duda signed a law that prohibits the country’s judiciary to question the appointment of judges by the President and bars them from being involved in political activities. The law also prohibits judges to seek guidance from the EU Court of Justice on appointments by the National Council of Judiciary (NCJ) of Poland.
Opposition parties condemned the law and Supreme Court president Malgorzata Gersdorf termed it as “Muzzle Law”.
In December 2019, the Sejm, the lower house of the Polish parliament passed the bill that would penalize judges who criticize the judicial reforms of the ruling Law and Justice party. It was sent back by the upper house for further discussion and a vote. However Sejm, using its superior power, enacted the bill, which the president signed on February 4, 2020, making it a law in the country.
The SC of Poland had earlier ruled on December 5, 2019 that the NCJ is not an independent body. Again on January 23, 2020 the SC in a ruling termed the appointment of the judges by the NCJ as illegal stating their apprehension that they may not be free from political influence. The Justice Ministry, quite predictably termed the SC verdict as a “serious violation of the law”.
The law has drawn criticism from lawmakers as well as legal scholars across Europe and the European Union. On 11th January 2020, hundreds of judges from across Europe marched in Warsaw to protest against the enacting of the controversial law. Thousands of lawyers and residents joined in with many waving Polish and EU flags as they marched from the SC to the parliament. "We have come here to support the Polish judges but we are not politicians. We are here about the rule of law, not about politics." John MacMenamin, an Irish Supreme Court judge, told reporters.
In February 2020, a group of 44 ICJ Commissioners and Honorary Members along with senior judges, lawyers and legal scholars from across the world released a statement in which they said, “it is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.”
Ever since it came to power in 2015, The Law and Justice Party of Poland, has been working towards dismantling the independence of the judiciary, terming it judicial reforms. There has been opposition to these actions by the opposition parties, judicial bodies as well as European Union.
EU flags at the European Commission Berlaymont building Brussels, Belgium | Source: Guillaume Périgois via Unsplash
Late in 2017, the European Union had initiated what it called “unprecedented proceedings” against Poland. The move was a response to the worrying reforms in the judiciary that were being enforced by the government. The EU had stated back then that these “systematic threats” could see Poland losing its EU voting rights.
On 29th April, 2020, The EU started a new legal case against the nationalist Polish government in response to the adoption of the “muzzle law”. The EU further added that it was giving Poland two months to address the issues pertaining to the law. “This is a European issue because Polish courts apply European law. Judges from other countries must trust that Polish judges act independently. This mutual trust is the foundation of our single market,” said Vera Jourova, the Czech member of the executive Commission who is responsible for upholding the EU’s democratic values at a news conference.
A few European legal scholars have warned that the developments in Poland are a threat to the entire legal system of the EU. Despite all the criticism and pressure from the EU, the Polish government is yet to respond meaningfully to the growing concerns over the assault on Poland’s judicial system and its potential EU exit.
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Storming of the Capitol Hill and the Anatomy of Trumpism
On January 6, 2021, thousands of Trump supporters marched towards the Capitol Hill and stormed the building after outgoing President Donald Trump allegedly incited the crowd during his speech. It is also being called one of the worst security breaches in American history.
One of the often-cited reason for the insurrection is the idea of “Trumpism.” Therefore, this article explores what happened at the Capitol Hill in light of the idea of Trumpism.
What happened that led to the storming of the US Capitol?
Prior to the storming, the protesters assembled on the South Lawn for the 'Save America March' where President Trump, his lawyer and advisor Rudy Giuliani, and others gave speeches. There, Giuliani called the election results “crooked” and Trump, who gave the speech behind a glass barrier, declared that he would “never concede”, criticised the media by calling it “fake” and “biased”, and wrongly claimed that the Vice President Mike Pence had the power to overturn the election results. He also went on to tell the crowd to “fight like hell”.
After the rally, the crowd of supporters instigated by Trump marched down Pennsylvania Avenue towards the Capitol Hill and breached security, occupying parts of the building for several hours. They did this in an effort to disrupt the electoral college vote count during a joint session of the Congress and prevent the formalization of President-elect Joe Biden’s electoral victory. They ransacked and vandalised several parts of the building including the senate chamber and Speaker Nancy Pelosi’s office. They allegedly wanted to “hang” Vice President Mike Pence and also chanted the slogan “Where is Pence?” The vice president had been whisked to a secure location in the Capitol complex. Apart from that, they were chanting the slogans “stop the steal” and “USA,USA”, among others.
The rioters left the Capitol Hill after hours of looting and riots. It led to 5 deaths, out of which one was a police officer. After the rioting was over, the senate continued its session and declared Biden as the President. It also concluded that there was no voter fraud. There have been many arrests since then and police is still searching for more.
They believe in something which is nowadays termed ‘Trumpism'. Trumpism is a term for the political ideology, type of governance, political movement and set of mechanisms for acquiring and keeping power that are associated with the 45th United States president, Donald Trump and his political base. It is a kind of American politics that is right wing to far-right, and has nationalist sentiments. His ideologies are also believed to be illiberal and close to fascism. Trump also claimed once, in 2016, that he could shoot someone standing in the Fifth Avenue, and his supporters wouldn’t abandon him.
Trump has managed to establish an emotional connection with his supporters, which consists of around 40% of the Americans. An article by Timothy Pytell on Psychology Today pointed out that it is a narcissistic identification with Trump that leads his supporters to follow him. By openly claiming he can do whatever he wants to, shoot anyone and still retain support, or grab women without their consent, he has tapped into the unconscious desires and thoughts of millions of Americans. His vulgarity, indecency, and law-breaking leads his followers into a narcissistic identification – as if they are Trump. Even though Trump may have to leave the White House, he will have the spotlight and Trumpism will not fade away from politics. This is the reason why the protestors believed in the “stop the steal” slogan.
Whenever Trump says “ I’m suffering for you” or shows as if he’s doing everything for America, his followers begin to see him as a true leader and it consolidates belief. Another thing is Trump considers himself God-like, and therefore religious groups and other people start connecting him to religion. They start believing even in his blatant lies.
Another reason that strengthened the Trump ideology are pro-right wing TV Channels like Fox news. They turn everything that Trump did into something “great”. Such channels are able to support the movement on a deeper level by brainwashing the audience.
The way he speaks, behaves and acts – makes such people relate with him so much that they start believing in him. There’s more about feelings, emotions and “dreampolitik realm” in Trumpism rather than economics and policies. The supporters were literally devoted to Trump. And if someone is not believing in his dangerous ideas, such as the liberals, Democrats, and especially some of the Republicans who went against Trump, they have either been termed “weak” or “losers” and in some cases, even traitors. An example of this is - "Where are Republicans! Have some backbone," Eric Trump tweeted in November during the elections. "Fight against this fraud. Our voters will never forget you if your sheep!" Clearly he wanted to convey that the people who are not fighting lack “backbone” and are somewhat like a coward. Such things instigated people in the name of bravery and nationalism.
Many of his supporters and base includes White supremacists, including the Ku Klux Klan, an American white supremacist hate group whose primary targets are African Americans. Its lesser enemies include Jews, immigrants, leftists, homosexuals, Muslims and, until recently, Catholics. Other than the above mentioned his main supporters include people from the rural areas, the middle states, white evangelists, and those into blue collar jobs or without college degrees. There’s a small population of non-white as well.
The riots proved that although the President has been defeated in the elections, his Trumpism remains deep-rooted, and will outlast him. “The work of undoing the siren call of Trumpism will require, to begin, a deeper understanding of its appeal”, Jeff Goodwin, an New York University Professor of Sociology and expert on movement politics, told CNN. He added, “A large part of Trumpism's appeal is Trump's personal appeal to a lot of people -- as a celebrity, as a crass speaker of truth, as these people see him, someone who doesn't mince words, someone who really tells it like it is. He's figured things out, he's a billionaire and he knows how the system works. All these elements of Trump's personality and character seem to have a lot of appeal to a big segment of the population. But I don't know if there is Trumpism without Trump.” He describes Trumpism as a “contradictory, unstable amalgam” of five key ideological pieces – Social conservatism (anti-abortion and anti-LGBT policies), Neoliberal capitalism (tax cuts for the wealthy and deregulation), Economic nationalism, Nativism (anti-immigration policies), and white nationalism (refusal to condemn Proud Boys and others).
Aftermath and Reactions on the Capitol Insurrection
People commented and condemned the incident, not only in America but from all over the world. “This is what the president has caused today, this insurrection,” Republican Senator Mitt Romney told a reporter. But the President himself didn’t condemn the rioters. Instead, he released a video message, telling his supporters to “go home and go home in peace” and said, “We love you; you’re very special.” He further went on with his false claims that the elections were “stolen”. In fact, in his speech which incited these people, Trump said he would join them and march together towards the Capitol, which he certainly didn’t do and went back to the White House, because most probably he didn’t want the dirt on him. He later tweeted telling the protestors to “stay peaceful”, but did not condemn or tell them to return back.
Reacting to President Trump’s irresponsible behaviour, Facebook locked Trump's accounts and removed posts related to the incident, Twitter locked his account for 12 hours, and then permanently suspended it.
Even the police was criticised for its role in the protests. In several footages, police officials can be seen bringing in the protestors and even clicking selfies with them. They were criticised for their biased attitude towards the riot and the leniency shown towards it as compared to the Black Lives Matter movement, that was comparatively peaceful. Several leaders, including President-elect Joe Biden have pointed out this racism which is visible in the difference between the handling of both the movements by the police.
The flags, signs, and other damaged items, including Nancy Pelosi’s broken name plate, will be preserved as historical artefacts in the House and Senate collections and shared with national museums.
It has also been called a coup d’état, and was a possible attempt to overturn the decision in a forceful manner, which certainly was undemocratic. Several leaders from countries around the world including France, China, Australia, Germany India, Israel, and the UK reacted to the incident and condemned it. British Prime Minister Boris Johnson called it “disgraceful” while Iranian President Hassan Rouhani went on to blame the system itself and tweeted “What we saw last night and today in America firstly proved what a failure the Western democracy is and how fragile and weak its foundation is,” he said.
Democrats have introduced an article of impeachment against US President Donald Trump for his role in the deadly invasion of the Capitol. The article accuses M.r Trump of “incitement of insurrection.” Democratic House Speaker Nancy Pelosi has said, "The president represents an imminent threat to our constitution, our country and the American people, and he must be removed from office immediately," Calls for Mr Trump's resignation, removal from office or impeachment have grown among Democrats and some Republicans in the days following the riots in Congress in which five people died. No US president has ever been impeached twice. However, it’s unlikely that Trump will be successfully impeached, because of his broad Republican support in the Senate.
Trump has said he is ready for a transition, and President-elect Joe Biden will be sworn-in as the 46th President on January 20th. But he added he will not attend the swearing-in ceremony.
In the last four years, the liberals, Democrats, the left and all Trump’s critics were accused of hysteria and hyperbole for calling his movements fascist, authoritarian and lawless. But now, the scenario seems to validate their claims showing how the Trump movement really proved to be a threat to the US as well as to the idea of democracy.
